Exam 2: The Resolution of Private Disputes

Which of the following notifies the defendant that he, she, or it is being sued?

What two kinds of jurisdiction are necessary for a state court to have jurisdiction over a case? Describe each briefly.

Under the doctrine of federal jurisdiction, a corporation is:

Greg sues Ned in an effort to get title to some land claimed by Ned and located inside the state of Texas. Ned has never been to Texas in his life, has never had any contacts of any kind with the state, and refuses to appear in Texas to defend against Greg's suit. Later, after Greg wins a default judgment against Ned, Ned shows up in Texas to claim that the judgment was invalid because he was totally outside Texas, hence Texas courts had no jurisdiction over him, and for this reason they could not affect his rights to the land. Is Ned right? Why or why not? Assume that subject-matter jurisdiction exists.

The _____ are the documents that the parties file with the court when they first state their respective claims and defenses.

What is a court's power to hear a case and to issue a decision binding on the parties called?

The defendant must wait until after the pleadings have been completed before making a motion to dismiss.

A(n) _____ must state the remedy requested in the case.

Dee sues Gerry for defamation. Dee thinks that the facts clearly are not as stated in Gerry's complaint and that, given Dee's version of the facts, Gerry cannot recover for defamation. What motion gives Gerry the best chance of winning the case early? What does it involve?

In which of the following cases will the U.S. Supreme Court have original, but not exclusive, jurisdiction?

Brennan sues Melissa for breach of contract. In her reply, Melissa claims, among other things, that she should not be liable as she only entered the contract because Brennan defrauded her. This assertion is called an affirmative defense.

Patent cases being litigated in the federal system are an example of:

A party may win a judgment even after the jury has reached a verdict against it through the procedure of:

Harvey is planning to file a case against a petrochemical giant which has a plant in his town. The petrochemical plant is dumping toxic wastes into its surrounding areas. Harvey is mobilizing the residents of the town, all of whom have suffered from various health problems due to the activities of the plant. Which of the following would be of most help to Harvey and the other residents?

Jack, a resident of Texas, sued Jill, a resident of Kentucky, alleging breach of contract. Jack may attach Jill's bank account in Kentucky to recover the amount of the judgment from the account, if his suit is successful. This is an example of:

Which of the following may contain an affirmative defense?

A "long-arm" statute allows:

A counterclaim differs from an affirmative defense in that, a counterclaim:

In the form of alternative dispute resolution (ADR) called court-annexed arbitration:

Today, most appealable decisions from the lower courts fall within the Supreme Court's _____ jurisdiction, under which the Court has discretion whether to hear the appeal.